This
special leave petition has been filed against the remand order of the High
Court of Karnataka made on March 25, 1996
in R.S.A. No.196/90. The admitted position is that the first respondent had
entered into an agreement on March 11, 1983 to purchase 3 acres 28 gunthas of
land for a consideration of Rs.12,000/- and he paid Rs. 2000/- as earnest
money. The petitioner-second defendant purchased the self-same property on July 8, 1983 for a consideration of Rs. 6000/-
and had the sale deed registered. The first respondent filed the suit for
specific performance. The trial Court finding that the petitioner had purchased
the property and it would cause irreparable damage to him if decree for
specific performance being would be granted, had directed refund of the earnest
money with interest. The first respondent carried the matter in appeal. The
appellate Court set aside the decree of the trial Court on the finding that the
petitioner had not pleaded that he was a bona fide purchaser for value without
notice of the prior agreement of sale. It also had held that the refusal to
grant relief of specific performance on that ground was not valid in law.

Accordingly,
it reversed the decree of the trial Court and granted specific performance. In
the second appeal, the High Court while upholding the pleading of the
respondent that he was ready and willing to perform his part of the agreement
and willing to perform his part of the agreement and that he had led the
evidence in that behalf, remitted the matter to the district Court to frame an
issue on the basis of a previous judgment and the issue in this behalf was
required to be settled. We need not go into the correctness of the remand order
since the first respondent has not filed any SLP against that order. Suffice it
to state that the petitioner has no cause for grievance in this matter for remanding
the matter. In view of the finding that he is subsequent purchaser, as found by
the trial Court itself, and that the High Court has remitted the matter to
frame the issue whether the first respondent was ready and willing to perform
his part of the contract and decide the matter on the basis of the evidence
already on record, we do not think that there is any error of law committed by
the High Court in remitting the matter.